9911796707
TMI Blog2021 (3) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... into between the petitioner herein and the respondent bank and its impact on the proceedings initiated before the Tribunal are also the issues which go to the root of the case and require to be decided. As the petition has challenged the basic proceedings initiated before the Tribunal in the present petition the court is of the view that the issue has to be addressed by the court. The present petition is maintainable in view of the grounds taken and the matter requires consideration by the court - Petition admitted. - WP(C) No. 361/2020 And CM No. 717/2020 - - - Dated:- 15-3-2021 - Mr. Justice Puneet Gupta, J. For the Petitioner : Mr. A. M. Dar, Advocate. For the Respondent : Mr. Z. A. Shah, Sr. Advocate with Assisting Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order which was not within its jurisdiction. In any case, Tribunal failed to exercise the jurisdiction as per the provisions of the Act which consequently gives jurisdiction to this court to deal with the order impugned irrespective of the fact that remedy of appeal is available to the petitioners herein under the Code. 5. The learned counsels of both the sides rely upon the judgments of the Hon ble Supreme Court passed in M/S Embassy Property Developments Pvt. Ltd. Versus State of Karnataka ors. (Civil Appeal Nos. 9170 of 2019, 9171 of 2019 9172 of 2019 decided on 03.12.2019) and Bombay high court passed in WP(L) titled Kamal K. Singh Vs. Union of India and others (No. 3250 of 2019, decided on 29.11.2019) and have put-forth the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code stand highlighted in the writ petition. The proceedings initiated before the civil courts against the bank with regard to the transaction entertained into between the petitioner herein and the respondent bank and its impact on the proceedings initiated before the Tribunal are also the issues which go to the root of the case and require to be decided. As the petition has challenged the basic proceedings initiated before the Tribunal in the present petition the court is of the view that the issue has to be addressed by the court. 9. It cannot be disputed in the light of the Judgments (Supra) that the writ jurisdiction against the order passed by the Tribunal cannot be said to be completely barred and it depends upon the facts and cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
